Bain v. Willamette Education Service District

13 P.3d 1021, 170 Or. App. 689, 2000 Ore. App. LEXIS 1877
CourtCourt of Appeals of Oregon
DecidedNovember 8, 2000
Docket98C-14640; CA A105140
StatusPublished

This text of 13 P.3d 1021 (Bain v. Willamette Education Service District) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bain v. Willamette Education Service District, 13 P.3d 1021, 170 Or. App. 689, 2000 Ore. App. LEXIS 1877 (Or. Ct. App. 2000).

Opinion

HASELTON, P. J.

Plaintiffs seek review of a declaratory judgment that they had no statutory rights to transfer their employment from intervenor Department of Education (DOE) to defendant Willamette Education Service District (WESD) when the programs for which they worked were transferred. The parties filed cross-motions for summary judgment. The trial court granted the motions of DOE and WESD, and denied plaintiffs’ motion. On appeal, we affirm.

Because the facts are not in dispute, we review the rulings on the cross-motions for summary judgment to determine whether any party is entitled to judgment as a matter of law. Protection Mutual Ins. Co. v. Mitsubishi Silicon, 164 Or App 385, 387 n 1, 992 P2d 479 (1999), rev den 330 Or 331 (2000).

Before 1998, plaintiffs were teachers in the educational programs located within the Hillcrest and MacLaren youth correctional facilities. Those facilities are operated by the Oregon Youth Authority, and the teachers employed there were employed by DOE. In 1998, DOE contracted with WESD to provide the educational programs at Hillcrest and MacLaren. The contract did not transfer plaintiffs to WESD, nor did it require WESD to hire plaintiffs. In August 1998, plaintiffs were laid off by DOE.1

Plaintiffs initiated this action for declaratory relief, seeking a declaration that they had a statutory right to transfer their employment from DOE to WESD when the Hillcrest and MacLaren programs were transferred. Plaintiffs advanced two separate theories in support of their claim. First, they asserted that they were entitled to transfer employment from DOE to WESD pursuant to the Public Employee Transfer Law, ORS 236.605 et seq. Second, they asserted that they had transfer rights under ORS 342.845(3), [693]*693pertaining to transfers involving regional special education programs. Defendants2 respond that the trial court correctly determined that neither the Public Employee Transfer Law nor ORS 342.845 applies to plaintiffs.

The Public Employee Transfer Law provides the following definition: “‘Public employee’ means an employee whose compensation is paid from public funds.” ORS 236.605(1). It also contains the following definition of “public employer”:

“ ‘Public employer’ includes the state, or cities, or counties, or special districts but not including school districts, or an Oregon nonprofit corporation any of which has accepted the transfer of a public program from a public employer in this state for maintenance and operation.” ORS 236.605(2).

Plaintiffs assert that they are “public employees” as that term is defined in ORS 236.605(1), and that WESD is a “public employer” as that term is defined in ORS 236.605(2). If they are correct, then ORS 236.610(1) provides them with certain transfer rights:

“No public employee shall be deprived of employment solely because the duties of employment have been assumed or acquired by another public employer, whether or not an agreement, annexation or consolidation with the present employer is involved. Notwithstanding any statute, charter, ordinance or resolution, but subject to ORS 236.605 to 236.640, the public employee shall be transferred to the employment of the public employer that assumed or acquired the duties of the public employee, without further civil service examination.”

The parties raise questions here as to whether plaintiffs are “public employees” as defined in ORS 236.605(1), whether WESD is a “public employer,” as defined in ORS 236.605(2), and whether a “public program” was transferred. We turn first to the question whether plaintiffs are “public employees” as defined in ORS 236.605(1).

As noted, ORS 236.605(1) defines public employees as those whose compensation “is paid from public funds.” [694]*694Defendants do not dispute that plaintiffs, as employees of DOE, were paid from public funds. Rather, they argue that the Oregon Supreme Court’s decision in Davis v. Wasco IED, 286 Or 261, 273, 593 P2d 1152 (1979), is directly on point, in that it contains a very broad holding that “teachers in public schools” are not public employees for purposes of ORS 236.610. Plaintiffs were “teachers in public schools” when they taught at Hillcrest and MacLaren, and undoubtedly they are attempting to assert that they are public employees for purposes of ORS 236.610. ORS 236.610 has not been changed in any significant way since the court decided Davis.3

Plaintiffs argue that Davis is distinguishable in three ways. Before discussing plaintiffs suggested distinctions, we must describe the analysis and holding in Davis. In that case, a school district employee was not permitted to retain her permanent teacher status when the school district special education program for which she worked was transferred to an intermediate education district. 286 Or at 263. As a permanent teacher, she had certain protections under the Fair Dismissal Law found in ORS chapter 342. Although the teacher transferred with the program, she was considered a probationary teacher, and her employment was not renewed after the probationary period. Id. at 263-64. She appealed to the Fair Dismissal Appeals Board (FDAB), contending that she was entitled to transfer pursuant to ORS 236.610. FDAB held that, because the plaintiff voluntarily changed her employment, she was not entitled to the protections afforded permanent teachers under the Fair Dismissal Law, and further held that she was not a public employee protected under ORS 236.610. Id.

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Related

Stranahan v. Fred Meyer, Inc.
11 P.3d 228 (Oregon Supreme Court, 2000)
Young v. State
983 P.2d 1044 (Court of Appeals of Oregon, 1999)
Davis v. Wasco Intermediate Education District
593 P.2d 1152 (Oregon Supreme Court, 1979)
State v. Reid
872 P.2d 416 (Oregon Supreme Court, 1994)
Protection Mutual Insurance v. Mitsubishi Silicon America Corp.
992 P.2d 479 (Court of Appeals of Oregon, 1999)
Portland General Electric Co. v. Bureau of Labor & Industries
859 P.2d 1143 (Oregon Supreme Court, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
13 P.3d 1021, 170 Or. App. 689, 2000 Ore. App. LEXIS 1877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bain-v-willamette-education-service-district-orctapp-2000.